§ 2A2.3.
Assault
(a) Base Offense Level:
(1) 7, if the offense involved physical contact, or if a dangerous weapon (including a firearm) was possessed and its use was threatened; or
(2) 4, otherwise.
(b) Specific Offense Characteristic
(1) If (A) the victim sustained bodily injury, increase by 2 levels; or (B) the offense resulted in substantial bodily injury to a spouse, intimate partner, or dating partner, or an individual under the age of sixteen years, increase by 4 levels.
(c) Cross Reference
(1) If the conduct constituted aggravated assault, apply §2A2.2 (Aggravated Assault).
Historical note
Effective November 1, 1987. Amended effective October 15, 1988 (amendment 64); November 1, 1989 (amendments 87 and 88); November 1, 1995 (amendment 510); November 1, 2004 (amendment 663); November 1, 2007 (amendment 699); November 1, 2014 (amendment 781).
Commentary
Statutory provisions
Statutory Provisions: 18 U.S.C. §§ 112, 113(a)(4), (5), (7), 115(a), 115(b)(1), 351(e), 1751(e), 2199, 2291. For additional statutory provision(s), see Appendix A (Statutory Index).
Application Notes:
1. Definitions.—For purposes of this guideline:
“Bodily injury”, “dangerous weapon”, and “firearm” have the meaning given those terms in Application Note 1 of the Commentary to §1B1.1 (Application Instructions).
“Spouse,” “intimate partner,” and “dating partner” have the meaning given those terms in 18 U.S.C. § 2266.
“Substantial bodily injury” means “bodily injury which involves (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty.” See 18 U.S.C. § 113(b)(1).
2. Application of Subsection (b)(1).—Conduct that forms the basis for application of subsection (a)(1) also may form the basis for application of the enhancement in subsection (b)(1)(A) or (B).
Background
Background: This section applies to misdemeanor assault and battery and to any felonious assault not covered by §2A2.2 (Aggravated Assault).